Justice B V Nagarathna ,Supreme Court judge
This transition, she said, is set to be propelled by a multitude of factors including greater access to common education, increasing urbanisation, greater mobility of the workforce right from individualistic aspirations and the growing economic independence of women going to their education. The law has also aided in this transformation
Bengaluru: Supreme Court judge Justice B V Nagarathna on Saturday said the institution of family in India today is undergoing rapid transformation and these shifts are profoundly impacting not only the structure and functioning of families but also the legal system.
This transition, she said, is set to be propelled by a multitude of factors including greater access to common education, increasing urbanisation, greater mobility of the workforce right from individualistic aspirations and the growing economic independence of women going to their education. The law has also aided in this transformation.
Speaking at the Southern Zone Regional Conference on “Family: The Basis of Indian Society”, Justice Nagarathna emphasised that in every civilisation, the family has been recognised as the fundamental institution in the society. It is the link to “our past and a bridge to our future”.
She suggested that the socio-economic liberation of women due to education and employment must be viewed positively and encouraged by the society. Such women, not only contribute to the well-being of the family but to the nation as well.
Justice Nagarathna opined that a significant percentage of the family disputes that are currently lying with the courts in India would be resolved if both parties take two steps.
“The first is to have an understanding and respect for the other and the second is an awareness of oneself. This is in the context of the husband and the wife. By understanding the respect for the other, I mean that one partner should keep into consideration the other partner’s interest at all times. Whenever the first partner appears to do something which in the opinion of the other partner is problematic, the other partner must reason such action standing in the shoes of the first partner,” she explained.
The SC judge, who is also the Chairperson of Family Courts Committee of the apex court, said partners must actively try to understand the perspective and reasoning of the other from the lens of the other partner. This will help in creating an engagement between the partners rather than escalating it into a dispute.
“Once such an attitude is cultivated in all parties to the marriage or those who are partners outside marriage, it will be evident that it is not the increasing financial and social liberation of women that is the root cause for increasing disputes rather it is the lack of updating our attitudes and practices with changing socio-economic situations, particularly that of women that is at the heart of rising disputes in the family,” she said.
According to the Supreme Court Judge, such practices or these two steps will also mean that men will realise that in this age, they must also empower their wives monetarily who work 24×7 as homemakers without expecting anything in return. The practice of these two steps will have profound impact on the upbringing of children as well.
Justice Nagarathna highlighted how the lack of change in the attitudes of the society also has spillover effects on the mounting number of cases before family courts. The first and foremost issue is the docket explosion and increasing pendency of the cases.
Citing a media report that nearly 40 per centage of the marriages in the last decade or so have ended in divorce and separation, she said, “This means that the number of family courts in India are not enough to deal with the rising institution of cases. Consequently, there is a heavy burden placed on the presiding officers of the family courts.”
“As there is also limited financial resources and consequently inadequate infrastructure facilities this leads to overcrowding of …. and inadequate support services day by day in imparting of justice,” she added.
Justice Nagarathna underscored the need for pre-litigation conciliations and mediations as a mandatory procedure. This is because the crystallisation of a dispute in the form of pleadings often results in polarisation between the parties.
According to her, family courts must have trained mediators, or retired judges as mediators, to prevent the dispute from entering the family court. Consequently what happens otherwise what has started as a dispute between the parties probably over a breakfast not being alright or one spouse not getting ready on time to an event could result in multiple disputes leading to breakdown of marriage.
“The children are the main sufferers in these cases. This also results in procedural delays and possibly of contradictory orders being passed by different courts,” she added.